NRS 645C.280 Types
and scope of licenses and certificates; regulations.

NRS 645C.290 Application
for certificate or license: Form and contents.

NRS 645C.295 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license, certificate or registration card; duty of Division.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

NRS 645C.295 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license, certificate or registration card; duty of Division.
[Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings and expires by limitation 2 years after
that date.]

NRS 645C.300 Submission
of fees and fingerprints with application for certificate, license or
registration card; investigation of applicant’s background.

NRS 645C.310 Period
for action on application for certificate or license.

NRS 645C.320 Qualifications
for issuance and grounds for denial of certificate or license.

NRS 645C.330 Standards
for education and experience required for certificate or license; regulations.

NRS 645C.340 Examination
for certificate or license: Fees; scope; use of professional testing
organization.

NRS 645C.463 Disciplinary
or other action for failure to pay money owed to Commission or Division.

NRS 645C.465 Suspension
of license, certificate or registration card for failure to pay child support
or comply with certain subpoenas or warrants; reinstatement of license,
certificate or registration card. [Effective until 2 years after the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 645C.490 Revocation
or suspension of certificate, license or registration card for unprofessional
conduct of associate.

NRS 645C.500 Revocation,
suspension or denial of renewal of certificate, license or registration card:
Complaint; hearing; notice of hearing. [Effective until 2 years after the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]

NRS 645C.500 Revocation,
suspension or denial of renewal of certificate, license or registration card:
Complaint; hearing; notice of hearing. [Effective 2 years after the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]

NRS 645C.510 Revocation,
suspension or denial of renewal of certificate, license or registration card:
Answer or default; limitations on time for commencement of proceeding.

NRS 645C.650 Application
for registration; conditions for issuance of registration.

NRS 645C.655 Payment
of child support: Submission of certain information by applicant; grounds for
denial of registration; duty of Division. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 645C.655 Payment
of child support: Submission of certain information by applicant; grounds for
denial of registration; duty of Division. [Effective on the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings and expires by limitation 2 years after that date.]

NRS 645C.700 Suspension
of registration for failure to pay child support or comply with certain
subpoenas or warrants; reinstatement of registration. [Effective until 2 years
after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 645C.010Definitions.As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 645C.020 to 645C.130, inclusive, have the meanings ascribed to
them in those sections.

NRS 645C.030“Appraisal” defined.“Appraisal”
means an analysis, opinion or conclusion, whether written or oral, relating to
the nature, quality, value or use of a specified interest in, or aspect of,
identified real estate for or with the expectation of receiving compensation.

2. Whose principal is an appraiser
licensed pursuant to this chapter; and

3. Whose principal supervises, trains and
reviews work product produced by the persons who produce appraisals for the
person, limited-liability company, partnership, association or corporation,
including, without limitation, employees and independent contractors.

(c) Enters into an agreement to provide real
estate appraisal services with a user of such services and one or more
appraisers performing such services as independent contractors; or

(d) Otherwise serves as a third-party broker of
appraisal services.

2. The term does not include:

(a) An appraisal firm;

(b) Any person licensed to practice law in this
State who orders an appraisal in connection with a bona fide client
relationship when that person directly contracts with an independent appraiser;

(c) Any person or entity that contracts with an
independent appraiser acting as an independent contractor for the completion of
appraisal assignments that the person or entity cannot complete for any reason,
including, without limitation, competency, workload, scheduling or geographic
location; and

(d) Any person or entity that contracts with an
independent appraiser acting as an independent contractor for the completion of
a real estate appraisal assignment and, upon the completion of such an
assignment, cosigns the appraisal report with the independent appraiser acting
as an independent contractor.

NRS 645C.040“Appraiser” defined.“Appraiser”
means a person who prepares or communicates an appraisal, but does not include
anyone who merely relays an appraisal on behalf of the person who prepares it.

NRS 645C.070“Intern” defined.“Intern”
means a person who actively assists in the preparation or communication of an
appraisal, but does not include anyone who merely provides information
concerning real estate to an appraiser or records, transcribes or copies
information concerning real estate for an appraiser, or relays an appraisal on behalf
of an appraiser.

NRS 645C.110“Real estate” defined.“Real
estate” includes land, any improvements and fixtures permanently affixed
thereon, and every right, interest or estate therein, whether legal or
equitable, whether corporeal or incorporeal, and whether the property is
situated in this state or elsewhere, including without limitation freeholds,
leaseholds and interests in condominiums, townhouses and planned unit
developments.

NRS 645C.140Purpose of chapter.The
purpose of this chapter is to carry out the policy expressed in the portion of
the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12
U.S.C. §§ 3331-3351) which concerns appraisers, to establish a program in this
state to license and certify appraisers, and to protect the users of appraisals
in this state.

NRS 645C.150Applicability of chapter.The
provisions of this chapter do not apply to:

1. A federal or state employee, or an
employee of a local government, who prepares or communicates an appraisal as
part of his or her official duties, unless a license or certificate is required
as a condition of that employment.

2. A person appointed to evaluate real
estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the
appointing judge.

4. A person licensed pursuant to chapter 645 or 684A
of NRS, or certified pursuant to chapter 645D
of NRS, while performing an act within the scope of his or her license or
certificate.

5. A person who makes an evaluation of
real estate as an incidental part of his or her employment for which special
compensation is not provided, if that evaluation is only provided to the
person’s employer for internal use within the place of his or her employment.

6. A person who makes an assessment of the
value of property in connection with a judicial proceeding for eminent domain
brought pursuant to chapter 37 of NRS.

NRS 645C.170Administration by Division; employment of professional
consultants to investigate complaints; employees of Division.

1. The Division shall:

(a) Administer this chapter and may employ legal
counsel, investigators and other professional consultants necessary to the
discharge of its duties pursuant to this chapter; and

(b) Within the limits of available money, employ
or contract for the services of professional consultants to investigate
complaints, conduct audits and perform any other activities necessary to ensure
compliance with Title XI of the Financial Institutions Reform, Recovery and
Enforcement Act of 1989, as amended.

2. No employee of the Division may:

(a) Be employed by or have an interest in any
business that prepares appraisals; or

(b) Act as an appraiser, as an agent for an appraiser
or as an intern.

NRS 645C.175Authority for Division to conduct business electronically;
regulations; fees; use of unsworn declaration; exclusions.

1. The Administrator may adopt regulations
which establish procedures for the Division to conduct business electronically
pursuant to title 59 of NRS with persons who are regulated pursuant to this
chapter and with any other persons with whom the Division conducts business.
The regulations may include, without limitation, the establishment of fees to
pay the costs of conducting business electronically with the Division.

2. In addition to the process authorized
by NRS 719.280, if the Division is
conducting business electronically with a person and a law requires a signature
or record to be notarized, acknowledged, verified or made under oath, the
Division may allow the person to substitute a declaration that complies with
the provisions of NRS 53.045 or 53.250 to 53.390, inclusive, to satisfy the legal
requirement.

3. The Division may refuse to conduct
business electronically with a person who has failed to pay money which the
person owes to the Division or the Commission.

NRS 645C.180Commission of Appraisers of Real Estate: Creation; appointment
and terms of members; limitations on membership.

1. The Commission of Appraisers of Real
Estate is hereby created, consisting of five members appointed by the Governor.

2. At least two members of the Commission
must be residents of the southern district of Nevada, which consists of the
counties of Clark, Esmeralda, Lincoln and Nye.

3. At least two members of the Commission
must be residents of the northern district of Nevada, which consists of Carson
City, and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander,
Lyon, Mineral, Pershing, Storey, Washoe and White Pine.

4. Not more than two members may be
appointed from any one county.

5. After the terms of the initial members,
the Commission must contain at least two members who hold certificates as
general appraisers and at least two members who hold certificates or licenses
as residential appraisers.

6. A member of the Commission is eligible
for reappointment, but shall not serve for a period greater than 6 years
consecutively, after which the member is not eligible for appointment or
reappointment until 3 years have elapsed from his or her previous period of
service.

(a) Operate on the basis of a fiscal year
beginning on July 1 and ending on June 30.

(b) At the first meeting of each fiscal year,
elect a President, Vice President and Secretary to serve for the ensuing year.

(c) Hold at least two meetings each year, one in
the southern part of the State and one in the northern part of the State, at
times and places designated by the Commission. When there is sufficient
business, additional meetings of the Commission may be held at the call of the
President of the Commission. Written notice of the time, place and purpose of
each meeting must be given to each member at least 3 working days before the
meeting.

2. While engaged in the business of the
Commission, each member of the Commission is entitled to receive:

(a) A salary of not more than $150 per day, as
fixed by the Commission; and

(b) A per diem allowance and travel expenses at a
rate fixed by the Commission. The rate must not exceed the rate provided for
state officers and employees generally.

1. In addition to any other remedy or
penalty, the Commission may impose an administrative fine against any person
who knowingly:

(a) Engages or offers to engage in any activity
for which a certificate, license, registration or registration card or any type
of authorization is required pursuant to this chapter, or any regulation
adopted pursuant thereto, if the person does not hold the required certificate,
license, registration or registration card or has not been given the required
authorization; or

(b) Assists or offers to assist another person to
commit a violation described in paragraph (a).

2. If the Commission imposes an
administrative fine against a person pursuant to this section, the amount of
the administrative fine may not exceed the amount of any gain or economic
benefit that the person derived from the violation or $5,000, whichever amount
is greater.

3. In determining the appropriate amount
of the administrative fine, the Commission shall consider:

(a) The severity of the violation and the degree
of any harm that the violation caused to other persons;

(b) The nature and amount of any gain or economic
benefit that the person derived from the violation;

(c) The person’s history or record of other
violations; and

(d) Any other facts or circumstances that the
Commission deems to be relevant.

4. Before the Commission may impose the
administrative fine, the Commission must provide the person with notice and an
opportunity to be heard.

5. The person is entitled to judicial
review of the decision of the Commission in the manner provided by chapter 233B of NRS.

6. The provisions of this section do not
apply to a person who engages or offers to engage in activities within the
purview of this chapter if:

(a) A specific statute exempts the person from
complying with the provisions of this chapter with regard to those activities;
and

(b) The person is acting in accordance with the
exemption while engaging or offering to engage in those activities.

NRS 645C.220Records: Maintenance by Division; general provisions governing
public inspection and confidentiality.

1. The Division shall maintain a record
of:

(a) Persons whose applications for a certificate,
license or registration card have been denied;

(b) Investigations conducted by it which result
in the initiation of formal disciplinary proceedings;

(c) Formal disciplinary proceedings; and

(d) Rulings or decisions upon complaints filed
with it.

2. Except as otherwise provided in this
section and NRS 645C.225, records kept in the
office of the Division pursuant to this chapter are open to the public for
inspection pursuant to regulations adopted by the Commission. Except as otherwise
provided in NRS 239.0115, the Division
may keep confidential, unless otherwise ordered by a court:

(a) Examinations for a certificate or license;
and

(b) The criminal and financial records of an
appraiser or intern, or an applicant for a certificate, license or registration
card.

1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Commission, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
are confidential and may be disclosed in whole or in part only as necessary in
the course of administering this chapter or to a licensing board or agency or
any other governmental agency, including, without limitation, a law enforcement
agency, that is investigating a person who holds a certificate, license or
registration card issued pursuant to this chapter.

2. The complaint or other document filed
by the Commission to initiate disciplinary action and all documents and
information considered by the Commission when determining whether to impose
discipline are public records.

NRS 645C.230Publication and sale of manual or guide concerning appraisals.Upon approval of the Commission, the Division
may publish or supply a manual or guide concerning appraisals, and offer it for
sale to the public for a reasonable fee.

NRS 645C.240Deposit and use of money received by Division; financial support
of Division.

1. Except as otherwise provided in
subsections 2 and 3, all fees, penalties and other charges received by the
Division pursuant to this chapter must be deposited with the State Treasurer
for credit to the State General Fund.

2. Fees received by the Division:

(a) From the sale of publications must be
retained by the Division to pay the costs of printing and distributing
publications.

(b) For examinations must be retained by the Division
to pay the costs of the administration of examinations.

Ê Any surplus
of the fees retained by the Division for the administration of examinations
must be deposited with the State Treasurer for credit to the State General
Fund.

3. The portion of the fees collected by
the Division pursuant to NRS 645C.450 for the
issuance or renewal of a certificate or license as a residential appraiser or
the issuance or renewal of a certificate as a general appraiser which is used
for payment of the registry fee to the Federal Financial Institutions
Examination Council pursuant to 12 U.S.C. § 3338, must be retained by the
Division for payment to the Federal Financial Institutions Examination Council.

4. Money for the support of the Division
in carrying out the provisions of this chapter must be provided by direct
legislative appropriation and be paid out on claims as other claims against the
State are paid.

1. The Attorney General shall render to
the Division opinions upon questions of law relating to the construction or
interpretation of this chapter, or arising in the administration thereof,
submitted to the Attorney General by the Division or the Commission.

2. The Attorney General shall act as the
attorney for the Division in all actions and proceedings brought against or by
the Division pursuant to any of the provisions of this chapter.

1. Any person who, in this State, engages
in the business of, acts in the capacity of, advertises or assumes to act as:

(a) An appraiser without first obtaining the
appropriate certificate, license or permit pursuant to this chapter; or

(b) An intern without first obtaining a
registration card pursuant to this chapter,

Ê is guilty of
a misdemeanor.

2. The Division may file a complaint in
any court of competent jurisdiction for a violation of this section, and assist
in presenting the law or facts at any hearing upon the complaint.

3. At the request of the Administrator,
the Attorney General shall prosecute such a violation. Unless the violation is
prosecuted by the Attorney General, the district attorney shall prosecute a
violation which occurs in the district attorney’s county.

NRS 645C.280Types and scope of licenses and certificates; regulations.

1. An appraiser may obtain from the
Division:

(a) A license as a residential appraiser, which
authorizes him or her to perform an appraisal of real estate suitable for or
consisting of no more than four residential units in any one transaction, if:

(1) The total value does not exceed
$1,000,000 and the complexity of the transaction does not, under the
regulations of a federal agency or the standards adopted by the Appraisal
Subcommittee of the Federal Financial Institutions Examination Council, require
a certified appraiser; or

(2) The property is not a complex
property;

(b) A certificate as a residential appraiser,
which authorizes him or her to perform an appraisal of real estate suitable for
or consisting of no more than four residential units in any one transaction,
without regard to value or complexity; or

(c) A certificate as a general appraiser, which
authorizes him or her to perform any appraisal.

2. A person certified or licensed as a
residential appraiser may, under the direct supervision of a person certified
as a general appraiser, assist in the preparation and communication of an
appraisal that is outside the scope of the certificate or license.

3. The Commission may establish, by
regulation, additional classifications of licensure or certification, and the
qualifications therefor, if necessary to comply with classifications and
qualifications established by the Appraisal Subcommittee of the Federal
Financial Institutions Examination Council.

NRS 645C.290Application for certificate or license: Form and contents.An application for a certificate or license
must be in writing upon a form prepared and furnished by the Division. The
application must include the following information:

1. The name, age and address of the
applicant.

2. The place or places, including the
street number, city and county, where the applicant intends to conduct business
as an appraiser.

3. The business, occupation or other
employment of the applicant during the 5 years immediately preceding the date
of the application, and the location thereof.

4. The periods during which, and the
locations where, the applicant gained experience as an intern.

5. Whether the applicant has ever been
convicted of, is under indictment for, or has entered a plea of guilty, guilty
but mentally ill or nolo contendere to:

6. Whether the applicant has ever been
refused a certificate, license or permit to act as an appraiser, or has ever
had such a certificate, license or permit suspended or revoked, in any other
jurisdiction.

7. If the applicant is a member of a
partnership or association or is an officer of a corporation, the name and
address of the principal office of the partnership, association or corporation.

NRS 645C.295Payment of child support: Submission of certain information by
applicant; grounds for denial of license, certificate or registration card;
duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

1. In addition to any other requirements
set forth in this chapter:

(a) An applicant for the issuance of a license,
certificate or registration card issued pursuant to this chapter shall include
the social security number of the applicant in the application submitted to the
Division.

(b) An applicant for the issuance or renewal of a
license, certificate or registration card issued pursuant to this chapter shall
submit to the Division the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

2. The Division shall include the
statement required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the license, certificate or
registration card; or

(b) A separate form prescribed by the Division.

3. A license, certificate or registration
card may not be issued or renewed by the Division pursuant to this chapter if
the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Division shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.

NRS 645C.295Payment of child support:
Submission of certain information by applicant; grounds for denial of license,
certificate or registration card; duty of Division. [Effective on the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings and expires by limitation 2 years after that
date.]

1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license, certificate or registration card issued pursuant to this chapter shall
submit to the Division the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

2. The Division shall include the
statement required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the license, certificate or
registration card; or

(b) A separate form prescribed by the Division.

3. A license, certificate or registration
card may not be issued or renewed by the Division pursuant to this chapter if
the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Division shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.

(Added to NRS by 1997, 2174; A 2005, 2786, 2787, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)

NRS 645C.300Submission of fees and fingerprints with application for
certificate, license or registration card; investigation of applicant’s
background.

1. Each application for a certificate,
license or registration card must be accompanied by:

(a) The fee for the certificate, license or
registration card;

(b) The fee to pay the costs of an investigation
of the applicant’s background; and

(c) All information required to complete the
application.

2. Each applicant must, as part of the
application and at his or her own expense:

(a) Arrange to have a complete set of
fingerprints taken by a law enforcement agency or other authorized entity
acceptable to the Division; and

(b) Submit to the Division:

(1) A completed fingerprint card and
written permission authorizing the Division to submit the applicant’s
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for a report on the
applicant’s background and to such other law enforcement agencies as the
Division deems necessary; or

(2) Written verification, on a form
prescribed by the Division, stating that the fingerprints of the applicant were
taken and directly forwarded electronically or by another means to the Central
Repository and that the applicant has given written permission to the law
enforcement agency or other authorized entity taking the fingerprints to submit
the fingerprints to the Central Repository for submission to the Federal Bureau
of Investigation for a report on the applicant’s background and to such other
law enforcement agencies as the Division deems necessary.

3. The Division may:

(a) Unless the applicant’s fingerprints are
directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection
2, submit those fingerprints to the Central Repository for submission to the
Federal Bureau of Investigation and to such other law enforcement agencies as
the Division deems necessary; and

(b) Request from each such agency any information
regarding the applicant’s background as the Division deems necessary.

NRS 645C.310Period for action on application for certificate or license.Unless the Division extends the time, it shall
act upon an application for a certificate or license within 60 days after
receiving the completed application. If in the opinion of the Administrator
additional investigation of the applicant appears necessary, the Division may
extend that period as long as necessary to complete the investigation before
acting on the application.

(b) Makes a false statement of a material fact on
his or her application; or

(c) Has had a certificate, license or
registration card suspended or revoked pursuant to this chapter, or a
certificate, license or permit to act as an appraiser suspended or revoked in
any other jurisdiction, within the 10 years immediately preceding the date of
application.

NRS 645C.330Standards for education and experience required for certificate
or license; regulations.The
Commission shall adopt regulations that prescribe the standards for education
and experience required for the issuance of a certificate or license. Until the
Commission adopts those regulations, the standards are as follows:

1. An applicant for a license as a
residential appraiser must furnish proof satisfactory to the Commission that
the applicant has successfully completed:

(a) Not less than 90 hours of academic
instruction in subjects related to appraisals taught in courses approved by the
Commission; and

(b) At least 2 years of experience working
full-time as an appraiser or intern.

2. An applicant for a certificate as a
residential appraiser must furnish proof satisfactory to the Commission that
the applicant has successfully completed:

(a) Not less than 120 hours of academic
instruction in subjects related to appraisal taught in courses approved by the
Commission; and

(b) At least 2 years of experience working
full-time as an appraiser or intern, including not less than 500 hours of
experience relating to complex property.

3. An applicant for a certificate as a
general appraiser must furnish proof satisfactory to the Commission that the
applicant has successfully completed:

(a) Not less than 180 hours of academic
instruction in subjects related to appraisals taught in courses approved by the
Commission; and

(b) At least 3 years of experience working
full-time as an appraiser or intern.

Ê As used in
this section, an “hour of academic instruction” means at least 50 minutes of
actual time spent receiving instruction.

1. The Division shall cause examinations
to be conducted not less than once every 6 months.

2. An applicant may take the written
examination before completing the requirements for experience, but a
certificate or license must not be issued until all the requirements are met.

3. The Division shall notify each
applicant in writing whether the applicant passed or failed the examination, or
has alternatively satisfied the requirements for a certificate, license or
permit pursuant to NRS 645C.360, as determined by
the Commission.

NRS 645C.360Issuance of certificate or license without examination;
reciprocal agreements for issuance of certificates or licenses.

1. An applicant for a certificate or
license issued pursuant to this chapter is not required to pass the examination
otherwise required by NRS 645C.320 if:

(a) The applicant holds a certificate or license
as an appraiser issued by another state or territory of the United States or
the District of Columbia;

(b) The requirements for the examination for the
certificate or license issued in that state or territory of the United States
or the District of Columbia are substantially equivalent to the requirements
for the examination required by this State for a certificate or license; and

(c) The applicant has passed the examination in
that state or territory of the United States or the District of Columbia.

2. The Division shall issue a certificate
or license to a person who holds a certificate or license as an appraiser
issued by a state or territory of the United States or the District of Columbia
if it has entered into a reciprocal agreement with the Commission for the
issuance of certificates and licenses pursuant to this chapter and the person
submits proof to the Division that:

(a) The person has been issued a certificate or
license by the state or territory of the United States or the District of
Columbia; and

(b) At the time the person files his or her
application with the Division, the certificate or license is in effect.

3. The Commission shall not enter into a
reciprocal agreement pursuant to subsection 2 unless the provisions relating to
the appraisal of real estate, including the requirements for the licensing of
appraisers of real estate, in the other state or territory of the United States
or District of Columbia are substantially similar to the provisions relating to
the appraisal of real estate in this State.

NRS 645C.363Permit to conduct appraisal to person who holds certificate or
license in another state; regulations.

1. The Division may issue a permit to
conduct an appraisal in this State to a person who holds a certificate or
license issued by another state or territory of the United States or the
District of Columbia.

2. The Commission shall adopt regulations
which prescribe the requirements for the issuance of such a permit.

NRS 645C.367Issuance of certificate, license or permit to resident of
another state: Appointment of Administrator as agent for service of process;
service of process upon Administrator.

1. The Division shall not issue a
certificate, license or permit pursuant to this chapter to an applicant who is
a resident of another state unless the applicant has executed a written
statement that appoints the Administrator as his or her agent for the service
of process for any action or proceeding filed against him or her in this State.

2. The statement of appointment must
include a provision which provides:

(a) That any process which is served on the
Administrator shall be deemed to have the same legal validity as if it had been
served on the applicant;

(b) That the appointment of the Administrator as
the applicant’s agent for the service of process continues as long as any
liability remains outstanding against the applicant in this State; and

(c) For venue in any judicial or administrative
district in this State without regard to the residence or principal place of
business of the holder of a certificate or license.

3. The statement of appointment must be
signed by the applicant and notarized. The applicant shall file a copy of the
statement of appointment with the Administrator. A copy of the statement which
is certified by the Administrator shall be deemed sufficient evidence of the
appointment.

4. If any process is served upon the
Administrator pursuant to this section, the Administrator shall mail the
process by certified mail to the last known address of the person holding the
certificate, license or permit. Service of process shall be deemed complete
upon mailing. The manner of the service of process described in this subsection
does not affect the validity of any other service of process authorized by law.

NRS 645C.370Notification of denial of application; leave to file another
application; procedure for appeal of denial.

1. If an application is denied, the
Division shall notify the applicant within 15 days after its decision. If the
denial is on grounds other than a failure to pass the examination, the
applicant may not reapply until the applicant petitions the Division for leave
to file another application. The Division may grant or deny that leave in its sole
discretion.

2. If the applicant, within 30 days after
receipt of the notice denying the application, files a written request
containing allegations which, if true, qualify the applicant for a certificate,
license or registration card, the President of the Commission shall set the
matter for a hearing to be conducted within 90 days after receipt of the
applicant’s request.

3. The hearing must be held at a time and
place prescribed by the Commission. At least 15 days before the date set for
the hearing, the Division shall serve the applicant with written notice of the
hearing and include with the notice an exact copy of any protests filed,
together with copies of all communications, reports, affidavits or depositions
in possession of the Division relevant to the matter in question. The notice
may be served by personal delivery to the applicant, or by mailing it by
certified mail to the applicant’s last known business or residential address.

4. The hearing may be held by the
Commission or a majority thereof, and a hearing must be held if the applicant
so desires. A record of the proceedings, or any part thereof, must be made
available to each party upon the payment to the Division of the reasonable cost
of transcription.

5. The Commission shall render a decision
on the matter within 60 days after the final hearing and notify the parties to
the proceedings, in writing, of its ruling, order or decision within 15 days
after it is made.

NRS 645C.380Invalidation and surrender of certificate, license or
registration card issued in error; notice; request for hearing.The Division, upon the discovery of any error
in the issuance of a certificate, license or registration card which is related
to the qualifications or fitness of the holder thereof, may invalidate the
certificate, license or registration card upon notice in writing to the holder.
The holder shall surrender the certificate, license or registration card to the
Division within 20 days after the notice is sent by the Division. A person
whose certificate, license or registration card is invalidated pursuant to this
section, and who has surrendered the certificate, license or registration card,
may request a hearing on the matter as for the denial of an application
pursuant to NRS 645C.370.

1. The Division shall issue a certificate,
license or registration card to each eligible person in the form and size
prescribed by the Commission. A certificate, license or registration card must:

(a) Show the name and address of the appraiser or
intern and the location of each place where he or she transacts business as an
appraiser or intern;

(b) Have imprinted thereon the seal of the
Commission; and

(c) Contain any additional matter prescribed by
the Commission.

2. A certificate, license or registration
card is valid for 2 years after the first day of the first calendar month
immediately following the date it is issued.

3. If an appraiser fails to apply for the
renewal of his or her certificate or license and pay the fee for renewal before
the certificate or license expires, and then applies for renewal:

(a) No later than 1 year after the date of
expiration, he or she must pay a fee equal to 150 percent of the amount
otherwise required for renewal.

(b) Later than 1 year after the date of
expiration, he or she must apply in the same manner as for an original
certificate or license.

4. The Division may:

(a) Create and maintain a secure website on the
Internet through which each certificate, license or registration card issued
pursuant to the provisions of this chapter may be renewed; and

(b) For each certificate, license or registration
card renewed through the use of a website created and maintained pursuant to
paragraph (a), charge a fee in addition to any other fee provided for pursuant
to this chapter which must not exceed the actual cost to the Division for
providing that service.

NRS 645C.400Offices of appraiser; change in name of business or location of
office; record of appraisals; notices to Division.

1. An appraiser shall maintain a principal
office for the transaction of his or her business as an appraiser. If the
appraiser maintains additional offices in this state, he or she must obtain a duplicate
certificate or license from the Division for each additional office. The
appraiser shall display the certificate or license conspicuously in each of the
offices.

2. An appraiser shall give written notice
to the Division and surrender his or her certificate or license within 10 days
after any change in the name of his or her business or the location of an
office. Upon the surrender of the certificate or license and the payment of the
appropriate fee, the Division shall issue a certificate or license valid for
the remaining period of the original certificate or license.

3. An appraiser shall maintain a record of
each appraisal he or she prepares for not less than 5 years after completion of
the appraisal, and notify the Division of the location where the record is
stored and of any change in that location.

4. Failure to give any notice pursuant to
this section is cause for the revocation or suspension of the certificate or
license or placement of the certificate or license on inactive status.

1. A certified or licensed appraiser or
registered intern shall notify the Division in writing if he or she is
convicted of, or enters a plea of guilty, guilty but mentally ill or nolo
contendere to, a felony relating to the practice of appraisers or any offense
involving moral turpitude.

(a) Not more than 10 days after the conviction or
entry of the plea of guilty, guilty but mentally ill or nolo contendere; and

(b) When submitting an application to renew a
certificate, license or registration card issued pursuant to this chapter.

(Added to NRS by 2007, 1545)—(Substituted
in revision for NRS 645C.570)

NRS 645C.410Termination of association between appraiser and intern: Duties
of appraiser; suspension of registration card; prohibited acts of intern.

1. If an intern for any reason terminates
his or her association with an appraiser, the appraiser shall:

(a) Immediately deliver or mail by certified mail
to the Division the intern’s registration card, together with a written
statement of the circumstances surrounding the termination of the association
and a copy of the notice required by paragraph (b); and

(b) At the time of delivering or mailing the
registration card to the Division, advise the intern that the registration card
has been forwarded to the Division by mailing notice of that fact to the
intern’s last known residential address.

2. The registration card must be suspended
if the intern does not become associated with another certified appraiser
within 60 days after the termination of the intern’s previous association.

3. The intern shall not assist in the
preparation or communication, whether directly or indirectly, of an appraisal
under the authority of his or her registration card from the date that the
registration card is delivered or mailed by the appraiser with whom the
intern’s association was terminated to the Division, until the date that a new
registration card is issued naming another appraiser with whom the intern has
become associated.

NRS 645C.420Placement of certificate or license on inactive status;
reinstatement.

1. The Division may place a certificate or
license on inactive status:

(a) At the request of the appraiser;

(b) For failure of the appraiser to notify the
Division pursuant to NRS 645C.400 of any change in
the name or location of his or her business, or of the location or any change
in the location where his or her records are stored;

(c) For failure to apply and pay the fee for
renewal before the expiration of the certificate or license; or

(d) As a result of a disciplinary proceeding
against the appraiser.

2. An appraiser whose certificate or
license has been placed on inactive status shall not prepare or communicate appraisals
until the appraiser meets all the requirements for the reinstatement of the
certificate or license.

3. A certificate or license may be
reinstated upon submission of the required fee and proof of completion of the
required hours of continuing education, and upon approval by the Division.

NRS 645C.430Continuing education: Condition to renewal or reinstatement of
certificate or license; regulations.

1. An appraiser must complete the requirements
for continuing education prescribed by regulations adopted by the Commission as
a condition to the renewal of an active certificate or license or the
reinstatement of an inactive certificate or license. Until the Commission
adopts those regulations, the standards for continuing education are as
follows:

(a) For the renewal of an active certificate or
license, not less than 30 hours of instruction within the 2 years immediately
preceding the application for renewal.

(b) For the reinstatement of a certificate or
license which has been on inactive status, not less than 15 hours of
instruction per year for each year that the certificate or license was on
inactive status.

Ê The required
hours of instruction must include the most recent edition of the 7-hour
National Uniform Standards of Professional Appraisal Practice Update Course.

2. As used in this section, an “hour of
instruction” means at least 50 minutes of actual time spent receiving
instruction.

1. The Commission shall adopt regulations
governing the continuing education of certified or licensed appraisers. The
regulations must include the criteria for approving each course and the
requirements for submission of proof of attendance at a course.

2. In approving courses for continuing
education the Commission shall authorize a variety of subjects and give
consideration to specialized areas of practice and the availability of
programs. An appropriate educational course given by an accredited university
or community college must be approved by the Commission.

(d) A criminal conviction for a felony relating
to the practice of appraisers or any offense involving moral turpitude; and

(e) The suspension, revocation or voluntary
surrender in lieu of other discipline of a registration card, certificate,
license or permit to act as an appraiser in any other jurisdiction.

2. If grounds for disciplinary action
against an appraiser or intern exist, the Commission may do one or more of the
following:

(a) Revoke or suspend the appraiser’s or intern’s
certificate, license or registration card.

(b) Place conditions upon his or her certificate,
license or registration card, or upon the reissuance of a certificate, license
or registration card revoked pursuant to this section.

(c) Deny the renewal of his or her certificate,
license or registration card.

(d) Impose a fine of not more than $10,000 for
each violation.

3. If a certificate, license or
registration card is revoked by the Commission, another certificate, license or
registration card must not be issued to the same appraiser or intern for at
least 1 year after the date of the revocation, or at any time thereafter except
in the sole discretion of the Administrator, and then only if the appraiser or
intern satisfies all the requirements for an original certificate, license or
registration card.

4. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.

NRS 645C.465Suspension of license, certificate or registration card for
failure to pay child support or comply with certain subpoenas or warrants;
reinstatement of license, certificate or registration card. [Effective until 2
years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. If the Division receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license, certificate or registration card issued pursuant to this
chapter, the Division shall deem the license, certificate or registration card
issued to that person to be suspended at the end of the 30th day after the date
on which the court order was issued unless the Division receives a letter
issued to the holder of the license, certificate or registration card by the
district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license, certificate or registration card has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a license,
certificate or registration card issued pursuant to this chapter that has been
suspended by a district court pursuant to NRS
425.540 if the Division receives a letter issued by the district attorney
or other public agency pursuant to NRS
425.550 to the person whose license, certificate or registration card was
suspended stating that the person whose license, certificate or registration
card was suspended has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560.

NRS 645C.470Unprofessional conduct of certified or licensed appraiser or
registered intern.A certified or
licensed appraiser or registered intern is guilty of unprofessional conduct if
he or she:

1. Willfully uses a trade name, service
mark or insigne indicating membership in an organization for appraisers of
which he or she is not a member;

2. Violates any order of the Commission,
agreement with the Division, provision of this chapter or provision of any
regulation adopted pursuant to this chapter;

3. Fails to disclose to any person with
whom he or she is dealing any material fact or other information he or she
knows, or in the exercise of reasonable care and diligence should know,
concerning or relating to any real estate he or she appraises, including any
interest he or she has in the real estate;

4. Knowingly communicates a false or
fraudulent appraisal to any interested person or otherwise engages in any
deceitful, fraudulent or dishonest conduct;

5. Prepares or provides or enters into a
contract to prepare or provide an appraisal if his or her compensation is based
partially or entirely on, or is otherwise affected by, the amount of the
appraised value of the real estate;

6. Before obtaining a license or
registration card, engaged in any conduct of which the Division is not aware
that would be a ground for the denial of a certificate, license or registration
card; or

7. Makes a false statement of material
fact on his or her application.

NRS 645C.490Revocation or suspension of certificate, license or registration
card for unprofessional conduct of associate.Unprofessional
conduct by an appraiser is not a ground for the revocation or suspension of the
registration card of an intern, or the certificate or license of another
appraiser, who is associated with that appraiser unless it appears to the
satisfaction of the Commission that the associate knew or should have known of
that conduct. A course of conduct which is shown to have been persistently and
consistently followed by the appraiser guilty of unprofessional conduct is
prima facie evidence of that knowledge on the part of the associate.

NRS 645C.500Revocation, suspension or denial of renewal of certificate,
license or registration card: Complaint; hearing; notice of hearing. [Effective
until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. Except as otherwise provided in NRS 425.540, the procedure set forth in
this section and NRS 645C.510 and 645C.520 must be followed before the Commission
revokes, suspends or denies the renewal of a certificate, license or
registration card.

2. Upon the initiation of a complaint by
the Administrator, the Administrator shall set the matter for a hearing and
schedule a date for the hearing before the Commission. The appraiser or intern
is entitled to appear at the hearing in person and to be represented by
counsel.

3. The Commission shall hold the hearing
within 90 days after the filing of a complaint by the Administrator. The
hearing may be continued by the Commission upon its own motion, or at the
discretion of the Commission upon the written request of the Division,
appraiser or intern, for good cause shown.

4. The Division shall give written notice
of the date, time and place of the hearing, together with a copy of the
complaint and copies of all communications, reports, affidavits or depositions
in the possession of the Division relevant to the complaint, to the appraiser
or intern not less than 30 days before the hearing. The Division may present
evidence it obtains after the notice was given only if it shows that the
evidence was not available upon diligent investigation before the notice was
given and that the evidence was given or communicated to the appraiser or
intern immediately after it was obtained.

5. Notice pursuant to this section is
deemed to be given upon personal delivery to the appraiser or intern, or upon
mailing by certified mail to his or her last known address. If the complaint is
against an intern, the Division shall also notify the appraiser with whom the
intern is associated by mailing an exact statement of the charges, and the
date, time and place of the hearing, by certified mail to the last known
address of the appraiser.

NRS 645C.500Revocation, suspension or
denial of renewal of certificate, license or registration card: Complaint;
hearing; notice of hearing. [Effective 2 years after the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

1. The procedure set forth in this section
and NRS 645C.510 and 645C.520
must be followed before the Commission revokes, suspends or denies the renewal
of a certificate, license or registration card.

2. Upon the initiation of a complaint by
the Administrator, the Administrator shall set the matter for a hearing and
schedule a date for the hearing before the Commission. The appraiser or intern
is entitled to appear at the hearing in person and to be represented by
counsel.

3. The Commission shall hold the hearing
within 90 days after the filing of a complaint by the Administrator. The
hearing may be continued by the Commission upon its own motion, or at the
discretion of the Commission upon the written request of the Division,
appraiser or intern, for good cause shown.

4. The Division shall give written notice
of the date, time and place of the hearing, together with a copy of the
complaint and copies of all communications, reports, affidavits or depositions
in the possession of the Division relevant to the complaint, to the appraiser
or intern not less than 30 days before the hearing. The Division may present
evidence it obtains after the notice was given only if it shows that the
evidence was not available upon diligent investigation before the notice was
given and that the evidence was given or communicated to the appraiser or
intern immediately after it was obtained.

5. Notice pursuant to this section is
deemed to be given upon personal delivery to the appraiser or intern, or upon
mailing by certified mail to his or her last known address. If the complaint is
against an intern, the Division shall also notify the appraiser with whom the
intern is associated by mailing an exact statement of the charges, and the
date, time and place of the hearing, by certified mail to the last known
address of the appraiser.

(Added to NRS by 1989, 833; A 1991, 897; 1997, 2175; 2001, 526; 2005, 2807,
effective 2 years after the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings)

NRS 645C.510Revocation, suspension or denial of renewal of certificate,
license or registration card: Answer or default; limitations on time for
commencement of proceeding.

1. The appraiser or intern must file an
answer to the charges with the Commission not later than 30 days after service
of the notice and other documents described in NRS
645C.500. The answer must contain an admission or denial of the allegations
contained in the complaint and any defenses upon which the appraiser or intern
will rely. If no answer is filed within the period described in this
subsection, the Division may, after notice to the appraiser or intern given in
the manner provided in subsection 5 of NRS 645C.500,
move the Commission for the entry of a default against the appraiser or intern.

2. The answer may be served by delivery to
the Commission, or by mailing the answer by certified mail to the principal
office of the Division.

3. No proceeding to suspend, revoke or
deny the renewal of a certificate, license or registration card may be
maintained unless it is commenced by giving notice to the appraiser or intern
within 5 years after the commission or omission of the alleged grounds to
suspend, revoke or deny the renewal of the certificate, license or
registration, except that:

(a) If the charges are based upon a
misrepresentation or failure to disclose, the period does not commence until
the discovery of facts which do or should lead to the discovery of the
misrepresentation or failure to disclose; and

(b) The period is suspended during the pendency
of any action or proceeding, to which the Division, appraiser or intern is a
party, which involves the conduct of the appraiser or intern in a transaction
to which the alleged grounds to suspend, revoke or deny the renewal of the
certificate, license or registration are related.

NRS 645C.520Revocation, suspension or denial of renewal of certificate,
license or registration card: Notice of decision.The
Commission shall render a decision within 15 days after a hearing and serve the
appraiser or intern with written notice of the decision within 60 days after
the hearing. If the decision is adverse to the appraiser or intern, the notice
must include the date upon which the decision becomes effective, which must be
not less than 30 days after the date of the notice.

NRS 645C.525Investigations, disciplinary proceedings, fines and penalties
not affected by expiration, revocation or voluntary surrender of certificate,
license or registration card.The
expiration or revocation of a certificate, license or registration card by
operation of law or by order or decision of the Commission or a court of
competent jurisdiction, or the voluntary surrender of a certificate, license or
registration card by a certified or licensed appraiser or registered intern
does not:

1. Prohibit the Commission or Division
from initiating or continuing an investigation of, or action or disciplinary
proceeding against, the certified or licensed appraiser or registered intern as
authorized pursuant to the provisions of this chapter or the regulations
adopted pursuant thereto; or

2. Prevent the imposition or collection of
any fine or penalty authorized pursuant to the provisions of this chapter or
the regulations adopted pursuant thereto against the certified or licensed
appraiser or registered intern.

NRS 645C.530Administration of oaths; issuance and enforcement of subpoenas.

1. Any member of the Commission may
administer oaths and issue subpoenas to compel the attendance of witnesses and
the production of books and papers.

2. If any witness refuses to attend,
testify or produce any books and papers as required by the subpoena, the
Administrator or the President of the Commission may report to the district
court by petition, setting forth that:

(a) Due notice has been given of the time and
place of attendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the
Commission pursuant to this section; and

(c) The witness has failed or refused to attend
or produce the books and papers required by the subpoena before the Commission,
or has refused to answer questions propounded to him or her,

Ê and asking
for an order of the court compelling the witness to attend and testify or
produce the books and papers before the Commission.

3. Upon such a petition, the court shall
enter an order directing the witness to appear before the court at a time and
place to be fixed by the court in its order, the time to be not more than 10
days after the date of the order, and then and there show cause why the witness
has not attended, testified or produced the books or papers before the
Commission. A certified copy of the order must be served upon the witness.

4. If it appears to the court that the
subpoena was regularly issued by the Commission, the court shall enter an order
that the witness appear before the Commission, at the time and place fixed in
the order, and testify or produce the required books and papers. Upon failure
to obey the order the witness must be dealt with as for contempt of court.

1. Each witness who appears by order of
the Commission is entitled to receive for his or her attendance the same fees
and mileage allowed by law to a witness in a civil case, which must be paid by
the party at whose request the witness is subpoenaed.

2. When a witness not otherwise required
to attend is subpoenaed by the Commission, his or her fees and mileage must be
paid by the Division.

1. Whenever the Division believes from
evidence satisfactory to it that any person has violated or is about to violate
a provision of this chapter, or a provision of any regulation, order, decision,
demand or requirement of the Division or the Commission, it may bring an
action, in the name of the Division, in the district court of the State of
Nevada in and for the county where the person resides, or, if the person
resides outside the State of Nevada, in any court of competent jurisdiction
within or outside the State of Nevada, against the person to enjoin the person from
engaging in or continuing the violation, or from doing any act or acts in
furtherance of the violation.

2. If the action is brought in a district
court of the State of Nevada, an order or judgment may be entered, when proper,
awarding a temporary restraining order, preliminary injunction or final
injunction. A preliminary injunction or temporary restraining order must not be
granted without at least 5 days’ notice to the opposite party.

1. A person with an interest in a real
estate transaction involving an appraisal shall not improperly influence or
attempt to improperly influence, through coercion, extortion or bribery, the
development, reporting, result or review of the appraisal.

2. Subsection 1 does not prohibit a person
with an interest in a real estate transaction from requesting that an
appraiser:

(a) Consider additional appropriate property
information;

(b) Provide further detail, substantiation or
explanation for the appraiser’s conclusion as to value; or

1. Any person who obtains or attempts to
obtain a certificate, license or registration card by means of intentional
misrepresentation, deceit or fraud shall be punished by imprisonment in the
state prison for not less than 1 year nor more than 6 years, or by a fine of
not more than $10,000, or by both a fine and imprisonment.

2. Any certified or licensed appraiser or
registered intern who is guilty of unprofessional conduct shall be punished, in
addition to any administrative fine imposed by the Commission, by a criminal
fine of not more than $500 for each offense.

3. Any person who:

(a) Holds himself or herself out as a certified
or licensed appraiser or registered intern;

(b) Uses in connection with his or her name the
words “licensed,” “registered,” “certified” or any other title, word, letter or
other designation intended to imply or designate that he or she is a certified
or licensed appraiser or registered intern; or

(c) Describes or refers to any appraisal or other
valuation of real estate prepared by him or her as “certified” or “licensed” in
this state,

Ê without
first obtaining a certificate, license or permit as provided in this chapter is
guilty of a gross misdemeanor.

NRS 645C.570Duty to report conviction to Division.[Replaced
in revision by NRS 645C.405.]

APPRAISAL MANAGEMENT COMPANIES

General Provisions

NRS 645C.600Applicability of provisions.The
provisions of NRS 645C.600 to 645C.740, inclusive, do not apply to:

1. A person, limited-liability company,
partnership, association or corporation other than an appraisal management
company which, in the normal course of its business, employs persons for the
performance of real estate appraisal services; or

2. An appraisal management company that
enters into not more than nine contracts annually with independent contractors
in this State.

NRS 645C.610Deposit of money collected; claim for attorney’s fees and costs
of investigation.If the
Commission imposes a fine or a penalty or the Division collects an amount for
the registration of an appraisal management company, the Commission or
Division, as applicable, shall deposit the amount collected with the State
Treasurer for credit to the State General Fund. The Commission may present a
claim to the State Board of Examiners for recommendation to the Interim Finance
Committee if money is needed to pay an attorney’s fee or the cost of an
investigation, or both.

NRS 645C.650Application for registration; conditions for issuance of registration.

1. A person who wishes to be registered as
an appraisal management company in this State must file a written application
with the Division upon a form prepared and furnished by the Division and pay
the fee required pursuant to NRS 645C.680. An
application must:

(a) State the name, residence address and
business address of the applicant and the location of each principal office and
branch office at which the appraisal management company will conduct business
within this State;

(b) State the name under which the applicant will
conduct business as an appraisal management company;

(c) List the name, residence address and business
address of each person who will, if the applicant is not a natural person, have
an interest in the appraisal management company as a principal, partner,
officer, director or trustee, specifying the capacity and title of each such
person; and

(d) Include a complete set of the fingerprints of
the applicant or, if the applicant is not a natural person, a complete set of
the fingerprints of each person who will have an interest in the appraisal
management company as a principal, partner, officer, director or trustee, and
written permission authorizing the Division to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.

2. Except as otherwise provided in NRS 645C.600 to 645C.740,
inclusive, the Division shall issue a registration to an applicant as an
appraisal management company if:

(a) The application is verified by the Division
and complies with the requirements of NRS 645C.600
to 645C.740, inclusive.

(b) The applicant and each general partner,
officer or director of the applicant, if the applicant is a partnership,
corporation or unincorporated association:

(1) Submits satisfactory proof to the
Division that he or she has a good reputation for honesty, trustworthiness and
integrity and displays competence to transact the business of an appraisal
management company in a manner which safeguards the interests of the general
public.

(2) Has not been convicted of, or entered
a plea of nolo contendere to, a felony relating to the practice of appraisal or
any crime involving fraud, misrepresentation or moral turpitude.

(3) Has not made a false statement of
material fact on his or her application.

(4) Has not had a license that was issued
pursuant to the provisions of this chapter suspended, revoked or voluntarily
surrendered in lieu of suspension or revocation within the 10 years immediately
preceding the date of application.

(5) Has not had a professional license
that was issued in any other state, district or territory of the United States
or any foreign country suspended or revoked within the 10 years immediately
preceding the date of application.

(6) Has not violated any provision of this
chapter, a regulation adopted pursuant thereto or an order of the Commission or
the Administrator.

(c) The applicant certifies that he or she:

(1) Has a process in place to verify that
each independent contractor that provides services to the appraisal management
company is the holder of a license in good standing to practice appraisal in this
State.

(2) Has a process in place to review the
work of each independent contractor that provides services to the appraisal
management company to ensure that those services are conducted in accordance
with the Uniform Standards of Professional Appraisal Practice.

(3) Will maintain a detailed record of
each request for service it receives and the independent contractor who
fulfilled that request.

(d) The applicant discloses whether or not the
company uses an appraiser fee schedule. For the purposes of this paragraph,
“appraiser fee schedule” means a list of the various real estate appraisal
services requested by the appraisal management company from independent
contractors and the amount the company will pay for the performance of each
service listed.

NRS 645C.655Payment of child support: Submission of certain information by
applicant; grounds for denial of registration; duty of Division. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. In addition to any other requirements
set forth in this chapter:

(a) An applicant for the issuance of a registration
as an appraisal management company shall include the social security number of
the applicant in the application submitted to the Division.

(b) An applicant for the issuance or renewal of a
registration as an appraisal management company shall submit to the Division
the statement prescribed by the Division of Welfare and Supportive Services of
the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

2. The Division shall include the
statement required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the registration; or

(b) A separate form prescribed by the Division.

3. A registration as an appraisal
management company may not be issued or renewed by the Division if the
applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment of
the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Division shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.

NRS 645C.655Payment of child support:
Submission of certain information by applicant; grounds for denial of
registration; duty of Division. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]

1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
registration as an appraisal management company shall submit to the Division
the statement prescribed by the Division of Welfare and Supportive Services of
the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

2. The Division shall include the statement
required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the registration; or

(b) A separate form prescribed by the Division.

3. A registration as an appraisal
management company may not be issued or renewed by the Division if the
applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the statement
submitted pursuant to subsection 1 that the applicant is subject to a court
order for the support of a child and is not in compliance with the order or a
plan approved by the district attorney or other public agency enforcing the
order for the repayment of the amount owed pursuant to the order, the Division
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.

(Added to NRS by 2009, 1515,
1516; A
2011, 97,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring
each state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings)

1. An applicant for registration under NRS 645C.600 to 645C.740,
inclusive, shall file with the Division, in a form prescribed by regulation, an
irrevocable consent appointing the Administrator his or her agent for service
of process in a noncriminal proceeding against the applicant, a successor or
personal representative which arises under NRS
645C.600 to 645C.740, inclusive, or a
regulation or order of the Commission after the consent is filed, with the same
force and validity as if served personally on the person filing the consent.

2. A person who has filed a consent
complying with subsection 1 in connection with a previous application for
registration need not file an additional consent.

3. If a person, including a nonresident of
this State, engages in conduct prohibited or made actionable by NRS 645C.600 to 645C.740,
inclusive, or a regulation or order of the Commission and the person has not
filed a consent to service of process under subsection 1, engaging in the
conduct constitutes the appointment of the Administrator as the person’s agent
for service of process in a noncriminal proceeding against the person, a
successor or personal representative which grows out of the conduct.

4. Service under subsection 1 or 3 may be
made by leaving a copy of the process in the Office of the Administrator, but
it is not effective unless:

(a) The plaintiff, who may be the Administrator,
sends notice of the service and a copy of the process by registered or
certified mail, return receipt requested, to the defendant or respondent at the
address set forth in the consent to service of process or, if no consent to
service of process has been filed, at the last known address, or takes other
steps which are reasonably calculated to give actual notice; and

(b) The plaintiff files an affidavit of
compliance with this subsection in the proceeding on or before the return day
of the process, if any, or within such further time as the court, or the
Administrator in a proceeding before the Administrator, allows.

5. Service as provided in subsection 4 may
be used in a proceeding before the Administrator or by the Administrator in a
proceeding in which the Administrator is the moving party.

6. If the process is served under
subsection 4, the court, or the Administrator in a proceeding before the
Administrator, may order continuances as may be necessary to afford the
defendant or respondent reasonable opportunity to defend.

NRS 645C.665Registration: Expiration; renewal.A
registration issued pursuant to NRS 645C.600 to 645C.740, inclusive, expires each year on the date of
its issuance, unless it is renewed. To renew such a registration, the
registrant must submit to the Division on or before the expiration date:

1. An application for renewal;

2. The fee required to renew the
registration pursuant to NRS 645C.680; and

1. If an appraisal management company
terminates its association with an independent contractor for any reason, the
appraisal management company shall, not later than the third business day
following the date of termination, deliver to the independent contractor or
send by certified mail to the last known residence address of the independent
contractor a written statement which advises the independent contractor of the
termination.

2. An independent contractor who is
aggrieved by a termination may lodge a complaint with the Commission. The
Commission may consider whether the appraisal management company violated the
provisions of NRS 645C.600 to 645C.740, inclusive, and may revoke, suspend or deny
renewal of a registration in the manner set forth in NRS
645C.500 to 645C.550, inclusive.

NRS 645C.680Fees: Registration; investigation; renewal.A person must pay the following fee to be
issued or to renew a registration as an appraisal management company pursuant
to NRS 645C.600 to 645C.740,
inclusive:

1. To be issued a registration, the
applicant must pay a fee set by the Division by regulation of not more than
$2,500 for the principal office and not more than $100 for each branch office.
The person must also pay such additional expenses incurred in the process of
investigation as the Division deems necessary.

2. To renew a registration, the applicant
must pay a fee set by the Division by regulation of not more than $500 for the
principal office and not more than $100 for each branch office.

NRS 645C.700Suspension of registration for failure to pay child support or
comply with certain subpoenas or warrants; reinstatement of registration.
[Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

1. If the Division receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a holder of a
registration, the Division shall deem the registration to be suspended at the
end of the 30th day after the date the court order was issued unless the
Division receives a letter issued to the holder of the registration by the
district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
registration has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a
registration that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the
registration stating that the holder of the registration has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

1. For each violation committed by an
applicant for a registration issued pursuant to NRS
645C.600 to 645C.740, inclusive, whether or
not the applicant is issued a registration, the Commission may impose upon the
applicant an administrative fine of not more than $10,000 if the applicant:

(a) Has knowingly made or caused to be made to
the Commission any false representation of material fact;

(b) Has suppressed or withheld from the
Commission any information which the applicant possesses and which, if
submitted by the applicant, would have rendered the applicant ineligible to be
registered pursuant to the provisions of NRS 645C.600
to 645C.740, inclusive; or

(c) Has violated any provision of NRS 645C.600 to 645C.740,
inclusive, a regulation adopted pursuant to NRS
645C.600 to 645C.740, inclusive, or an order
of the Commission in completing and filing the application for a registration
or during the course of the investigation of the application for a
registration.

2. For each violation committed by an
appraisal management company, the Commission may impose upon the appraisal
management company an administrative fine of not more than $10,000, may
suspend, revoke or place conditions on the registration or may do both, if the
appraisal management company, whether or not acting as such:

(a) Is grossly negligent or incompetent in
performing any act for which the appraisal management company is required to be
registered pursuant to NRS 645C.600 to 645C.740, inclusive;

(b) Does not conduct its business in accordance
with the law or has violated any provision of this chapter, a regulation
adopted pursuant thereto or an order of the Commission;

(c) Has made a material misrepresentation in
connection with any transaction governed by this chapter;

(d) Has suppressed or withheld from a client any
material facts, data or other information relating to any transaction governed
by the provisions of this chapter which the appraisal management company knew
or, by the exercise of reasonable diligence, should have known;

(e) Has knowingly made or caused to be made to
the Commission any false representation of material fact or has suppressed or
withheld from the Commission any information which the appraisal management
company possesses and which, if submitted by the appraisal management company,
would have rendered the appraisal management company ineligible to be
registered pursuant to the provisions of NRS 645C.600
to 645C.740, inclusive;

(f) Has been convicted of, or entered a plea of
nolo contendere to, a felony relating to the practice of appraisal or any crime
involving fraud, misrepresentation or moral turpitude; or

(g) Has engaged in any other conduct constituting
a deceitful, fraudulent or dishonest business practice.

NRS 645C.720Unlawful to conduct business of appraisal management company
without registration.Except as
otherwise provided in NRS 645C.600, it is unlawful
for any person, limited-liability company, partnership, association or
corporation to engage in the business of, act in the capacity of, advertise or
assume to act as an appraisal management company without first obtaining a
registration from the Division pursuant to NRS
645C.600 to 645C.740, inclusive.

1. It is unlawful for an employee,
director, officer or agent of an appraisal management company to influence or
attempt to influence the development, reporting or review of an appraisal
through coercion, extortion, collusion, compensation, instruction, inducement,
intimidation, bribery or other means, including, without limitation:

(a) Withholding or threatening to withhold timely
payment for an appraisal in order to influence or attempt to influence an
appraisal;

(b) Withholding or threatening to withhold future
business for an independent appraiser;

(c) Terminating an agreement with an independent
contractor without prior written notice;

(d) Directly or indirectly promising future
business for or increased compensation to an independent contractor;

(e) Conditioning a request for appraisal services
or the payment of any compensation on the opinion, conclusion or valuation to
be reached or on a preliminary estimate or opinion requested from an
independent contractor;

(f) Requesting an independent contractor to
provide an estimated, predetermined or desired valuation in an appraisal report
or providing estimated values or comparable sales at any time before the
completion of appraisal services by the independent contractor;

(g) Providing to an independent contractor an
anticipated, estimated or desired value for a subject property or proposed or
target amount to be loaned to a borrower, other than a copy of the sales
contract for purchase transactions;

(h) Providing an independent contractor or a
person or entity associated with the independent contractor stock or other
financial or nonfinancial benefits;

(i) Obtaining, using or paying for a second or
subsequent appraisal or ordering an automated valuation model in connection
with a loan secured by a lien on real property unless:

(1) There is a reasonable basis to believe
that the initial appraisal was incorrect and such basis is disclosed in writing
to the borrower; or

(2) The second or subsequent appraisal or
automated valuation model is performed pursuant to a bona fide appraisal review
or quality control process;

(j) Accepting a fee for performing appraisal
management services if the fee is contingent on:

(1) An appraisal report having a
predetermined analysis, opinion or conclusion;

(2) The analysis, opinion, conclusion or
valuation reached in an appraisal report; or

(3) The consequences resulting from an
appraisal assignment; or

(k) Any other act or practice that impairs or
attempts to impair an appraiser’s independence, objectivity or impartiality.

2. Nothing in this section shall be
construed as prohibiting an appraisal management company from requesting that
an independent contractor provide additional information regarding the basis
for a valuation or correct objective factual errors in an appraisal report.

NRS 645C.740Unlawful to change appraisal submitted by independent
contractor.It is unlawful for an
appraisal management company to alter, modify or revise a completed appraisal
report submitted by an independent contractor, including, without limitation,
removing the signature of the appraiser.